- 1 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3875 OF 2023 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 6790 OF 2022 (CPC) IN MFA No. 3875/2023 BETWEEN: 1. SRI. HANUMANTHAPPA, S/O LATE GURUMURTHAPPA, AGED ABOUT 68 YEARS, 2. SRI. H. GOPINATH, S/O HANUMANTHAPPA, AGED ABOUT 41 YEARS, 3. SRI. H. MANJUNATH, S/O HANUMANTHAPPA, AGED ABOUT 39 YEARS, 4. SMT. GOWRAMMA W/O HANUMANTHAPPA AGED ABOUT 66 YEARS 5. SMT. SUNITHA, D/O HANUMANTHAPPA, AGED ABOUT 46 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 6. SMT. GAYATHRI D/O HANUMANTHAPPA, AGED ABOUT 44 YEARS, SRI. BALAPPA, SINCE DEAD LR'S ARE ALREADY ON RECORD WHO ARE DEFENDANTS NO. 8 TO 10 7. SMT. VENKATAMMA W/O LATE BALAPPA, AGED ABOUT 61 YEARS, 8. SRI. SHIVAPPA S/O LATE BALAPPA, AGED ABOUT 38 YEARS, 9. SMT. SUJATHA. D/O LATE BALAPPA. AGED ABOUT 36 YEARS. APPELLANTS NO.1 TO 9 ARE R/AT 1ST DIVISION, HOUSE NO. 250, WARD NO 7, NIMMAKALAKUNTE, CHICKBALLAPUR TALUK AND DISTRICT - 562 101. …APPELLANTS (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND: 1. SRI. B.S. GOVARDHAN, S/O LATE K.L. SRINIVASA GUPTA, AGED ABOUT 36 YEARS, R/AT WARD NO. 26, - 3 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 PANDAURANGASWAMY TEMPLE STREET, CHICKBALLAPURA - 562 101. 2. SMT. SOUMYA W/O LAKSHMI NARAYANA S, AGED ABOUT 41 YEARS, R/AT NO 362/332, 1ST CROSS, B.B.M.P OFFICE ROAD, YELAHANKA, NEAR B.B.MP OFFICE, BANGALORE NORTH BANGALORE - 560 064. 3. M/S. PRESIDENCY REALTY A PARTNERSHIP FIRM NO. 23, 1ST FLOOR, SRIRAM MANDIR RAOD, NEAR TRINITY HOSPITAL BASDAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY ITS MANAGING PARTNERS. …RESPONDENTS (BY SRI. BALAJI RAGHUNATHAN, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 20.07.2023, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.05.2023 PASSED ON I.A. NO.2 IN O.S.NO.68/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, ALLOWING THE I.A. NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. IN MFA NO. 6790/2022 BETWEEN: 1. SRI. HANUMANTHAPPA, - 4 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 S/O LATE GURUMURTHAPPA, AGED ABOUT 68 YEARS, 2. SRI. H. GOPINATH, S/O HANUMANTHAPPA, AGED ABOUT 41 YEARS, 3. SRI. H. MANJUNATH, S/O HANUMANTHAPPA, AGED ABOUT 39 YEARS, 4. SMT. GOWRAMMA W/O HANUMANTHAPPA AGED ABOUT 66 YEARS 5. SMT. SUNITHA, D/O HANUMANTHAPPA, AGED ABOUT 46 YEARS, 6. SMT. GAYATHRI D/O HANUMANTHAPPA, AGED ABOUT 44 YEARS, SRI. BALAPPA, SINCE DEAD LR'S ARE ALREADY ON RECORD WHO ARE DEFENDANTS NO. 8 TO 10 7. SMT. VENKATAMMA W/O LATE BALAPPA, AGED ABOUT 61 YEARS, 8. SRI. SHIVAPPA S/O LATE BALAPPA, AGED ABOUT 38 YEARS, - 5 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 9. SMT. SUJATHA. D/O LATE BALAPPA. AGED ABOUT 36 YEARS. APPELLANTS NO.1 TO 9 ARE R/AT 1ST DIVISION, HOUSE NO. 250, WARD NO 7, NIMMAKALAKUNTE, CHICKBALLAPUR TALUK AND DISTRICT - 562 101. ...APPELLANTS (BY SRI. VIJAYA KUMAR K, ADVOCATE) AND: 1. SRI. B.S. GOVARDHAN, S/O LATE K.L. SRINIVASA GUPTA, AGED ABOUT 36 YEARS, R/AT WARD NO. 26, PANDAURANGASWAMY TEMPLE STREET, CHICKBALLAPURA - 562 101. 2. SMT. SOUMYA W/O LAKSHMI NARAYANA S, AGED ABOUT 41 YEARS, R/AT NO 362/332, 1ST CROSS, B.B.M.P OFFICE ROAD, YELAHANKA, NEAR B.B.MP OFFICE, BANGALORE NORTH BANGALORE - 560 064. 3. M/S. PRESIDENCY REALTY A PARTNERSHIP FIRM NO. 23, 1ST FLOOR, SRIRAM MANDIR RAOD, NEAR TRINITY HOSPITAL BASDAVANAGUDI, - 6 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 BENGALURU - 560 004, REPRESENTED BY ITS MANAGING PARTNERS. 1) LOKWSH K, 2) KANTHARAJ M.N, MAHESH K. NHATT. ...RESPONDENTS (BY SRI. BALAJI RAGHUNATHAN, ADVOCATE FOR C/R1; VIDE ORDER DATED 20.07.2023, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DATED 01.09.2022 PASSED ON IA NO.1 IN O.S.NO.68/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellants has filed a memo in both the appeals, which reads as follow: "The undersigned Advocate for Appellants submits, that the subject matter is already settled by way of compromise between the appellants and respondents before the trail court in O.S.No.68/2022 before the 1st Addl. Senior Civil Judge at Chikkaballapura dated 03.04.2025, hence the appellants are not interested to prosecute the matter and be pleased to grant permission to withdraw the appeal without seeking - 7 - HC-KAR NC: 2025:KHC:21330 MFA No. 3875 of 2023 C/W MFA No. 6790 of 2022 any liberty, kindly the same may be taken on record in the interest of justice and equity. The copy of the following may be considered for the kind reference of this Hon'ble court. 1. Certified copy of the Compromise petition in O.S.No.68/2022 dated 03.04.2025 by the Hon'ble Senior Civil Judge at Chikkaballapura." 2. In view of the same, the above appeals are dismissed as not pressed. 3. In view of dismissal of the main appeals, all pending applications are also dismissed as being unnecessary. Sd/- (C.M. POONACHA) JUDGE KTY List No.: 2 Sl No.: 2 CT: BHK